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Extraordinary decision by U.S. Appeals Court in Kiobel v Royal Dutch Shell litigation

By John Donovan

The United States Court of Appeals for the Second Circuit has refused to reconsider its extraordinary decision barring a Nigerian activist widow Esther Kiobel, from obtaining Royal Dutch Shell discovery documents from a U.S. case, held by Cravath Swaine & Moore LLP, for litigation she is pursuing against the oil and gas giant in the Dutch courts.

Her husband, Dr. Barinem Kiobel, was one of the “Ogoni 9,” executed by the then Nigerian military regime on false charges. Esther Kiobel holds Shell complicit in his hanging. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, and shellwikipedia.com, are owned by John Donovan. There is also a Wikipedia segment.

SUMMARY OF FEATURED CONTENT FROM THE EBOOK “SIR HENRI DETERDING AND THE NAZI HISTORY OF ROYAL DUTCH SHELL”

  • In the years leading up to WW2, the Dutch founder of the Royal Dutch Shell Group, Sir Henri Deterding became an ardent Nazi. He financially backed the Third Reich and met directly with Hitler on behalf of Royal Dutch Shell.  
  • As a major financial contributor to Nazi Germany in pre-WW2 years, the Royal Dutch Shell Group, under Dutch leadership, arguably had some indirect responsibility for the death toll in the subsequent war, in which over 50 million people perished.
  • Shell publicly boasted at the time about the importance of its financial contribution to the German economy. The claims were made by Shell in Germany while the country was under Nazi control.
  • In years leading up to WW2, Shell conspired with partners, Standard Oil, and German chemical giant I.G. Farben, to covertly import oil products, including airplane fuel, from the US into Nazi Germany. The US government was kept in the dark.
  • I.G. Farben supplied the Zyklon-B gas used in the Holocaust to kill millions of people.
  • The portrayal in 2007 by Shell’s paid historians of a distant relationship between Deterding and Hitler, in which all attempts by Deterding to meet with Hitler were rebuffed is simply untrue.
  • In fact, their meetings included a four-day one-on-one summit held at Hitler’s mountain retreat, as reported by Reuters in 1934.
  • Deterding has been described by independent authors as “a hardline Nazi revered and ultimately mourned by Hitler.” That description is confirmed by the evidence within this book and evidence accessible via links.
  • There are credible allegations that the Royal Dutch Shell Group, under the control of Dutch directors, used forced labor at its German subsidiary, Rhenania-Ossag. Many of its directors and staff were fanatical Nazis.
  • Royal Dutch Shell collaborated in the annexation and occupation of sovereign countries by the Nazis – Austria and Czechoslovakia – before the outbreak of WW2.
  • The donations and financial contributions to the Third Reich were all carried out under the control of Dutch directors of companies within the Royal Dutch Shell Group.
  • In 1936, while still a director of multiple Royal Dutch Shell group companies, Sir Henri purchased the Castle Dobbin estate North of Berlin for 1,050,000 Reich marks from Queen Wilhelmina of the Netherlands.
  • Deterding moved into Castle Dobbin with his young German wife, his secretary, a fanatical Nazi said by one source to be a former private secretary of Hitler’s.
  • Sir Henri’s friend Hermann Göring, the founder of the Gestapo, regularly visited Castle Dobbin to go hunting with him. Deterding generously gave Göring the Rominten Hunting Lodge in East Prussia as a spectacular gift. Kaiser Wilhelm II once owned it.
  • In 1936 and 1937, Sir Henri – while still a director of multiple companies within the Royal Dutch Shell Group, in which he held a controlling interest – made huge donations of food (“millions of tonnes”) to Nazi Germany as part of the “Winter Help” scheme. A New York Times report in June 1937 (“Deterding to Distribute More Food in Germany”) specifically linked the food donations to Germany’s rearmament policy.
  • The massive donations enabled significant funds to be diverted at a time when the Nazi regime was engaged in urgent rearmament of its military might.
  • Seven thousand railway wagons were used in the first immense delivery. 
  • Deterding died just before the outbreak of WW2. He was honored by a Nazi ceremonial funeral at Castle Dobbin in February 1939. It was attended by a full contingent of Royal Dutch Shell Group directors mingling with Nazi military officers.
  • A glowing tribute to Sir Henri on behalf of the German nation was inscribed on a wreath sent by Adolf Hitler. 
  • The Bishop who conducted the funeral service was a  supporter of Hitler and a rabid anti-Semite.
  • Film footage of the Nazi funeral spectacular exists.
  • Fears that the Nazis intended to exploit the death of Sir Henri, just before the start of WW2, to seize control of the Royal Dutch Shell Group, were well founded.  The UK National Archives has kindly given permission for related documents and correspondence to be featured within this book.
  • Dutch directors of the Royal Dutch Shell Group engaged in anti-Semitic policies against Shell employees and were also guilty of collaboration and appeasement.
  • Royal Dutch Shell employees in the Netherlands were instructed to complete a form that for some amounted to a self-declared death warrant. Many did not survive the war.
  • The Nazis did succeed in gaining control over Dobbin Castle.
  • In the latter part of WW2, Field Marshal Wilhelm Keitel, SS leader Heinrich Himmler and General Alfred Jodl, Chief of the Operations Staff of the Armed Forces High Command, were all stationed at Dobbin Castle.
  • Hitler’s final despairing message from his Berlin bunker, a day before he committed suicide, was sent to Field Marshal Keitel at Dobbin Castle, whilst it was still owned by the Deterding family. Strangely, that somehow seems appropriate.
  • Evidence was on display at Castle Dobbin, signed by Hitler, confirming Deterding’s financial support for the Nazis. Also a personal testimony by Herman Göring acknowledging the generosity of his friend and benefactor, Sir Henri Deterding. 
  • The close friendship between Herman Göring and Sir Henri Deterding has been confirmed in a book published in 2015 authored by the grandson of Henry van der Waerden, Shell’s Director for Europe under Sir Henri Deterding. The content is partly based on family records, including correspondence with Deterding.
  • Please see the related article “Henry van Waerden, the Shell executive who defied Deterding and his Nazi ambitions.”
  • Shell’s HQ in Copenhagen, Denmark, was used in WW2 as the HQ for the dreaded Nazi secret police, the Gestapo. “Shellhus” was bombed and destroyed by the RAF on 21 March 1945. It had been used for the torture of Danish citizens.
  • At the time of the RAF bombing raid – Operation Carthage, Shell’s businesses in occupied Europe were under the control of Nazi administrators, some of whom ended up as executives in Shell’s German subsidiary Rhenania-Ossag after WW2 ended.

DETERDING’S PALATIAL UK RESIDENCES

Kelling Hall, in Holt, Norfolk, shown above, was one of Deterding’s palatial UK residences. It is located near the Sandringham estate of the British royal family. Built for Sir Henri in 1913, in grounds of 1,600 acres, the property was sold in 2008 by his grandson James Deterding for £25 million (over $37 million USD).  

Deterding at various times owned a Dutch estate in Wassenaar near the Hague, a grand country home in Buckhurst Park in Winkfield, near Ascot in Berkshire, a fashionable apartment in Park Lane, London, and a villa at St. Moritz in Switzerland. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, and shellwikipedia.com, are owned by John Donovan. There is also a Wikipedia segment.

CHAPTER 4: Media coverage of Sir Henri Deterding’s death

Sir Henri Deterding died in St. Moritz, Switzerland on 4 February 1939 several months before the outbreak of the 2nd World War. As could be expected given his global fame as an oil mogul and a man of wealth, mystery and intrigue, there were numerous newspaper obituaries from around the world. Many mentioned his financial support for Hitler and the Nazi movement in Germany.

It may seem odd to focus on the death of Sir Henri Deterding in this early chapter, but the global news coverage of his sudden demise and even more significantly, the location – Nazi Germany – of his spectacular funeral, speak volumes. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, and shellwikipedia.com, are owned by John Donovan. There is also a Wikipedia segment.

CHAPTER 5: The Nazi Funeral of Royal Dutch Shell leader Sir Henri Deterding

On 10 February 1939, a burial ceremony with many of the trappings of a state funeral was held at a private estate near Berlin. The spectacle included a funeral procession led by a horse-drawn funeral hearse with senior Nazis officials and Shell directors in attendance. An indication of the high esteem in which Sir Henri Deterding was held by his Shell colleagues and by Adolf Hitler, who sent a wreath.

Sir Henri Deterding, a foreign national, was honored with what amounted to a state funeral in Germany, where he was buried. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, and shellwikipedia.com, are owned by John Donovan. There is also a Wikipedia segment.

CHAPTER 6: Great friend of the Germans

This chapter deals with the role of Royal Dutch Shell as a contributor to the economy of Nazi Germany and financier of the Third Reich via its long-time Director General, Sir Henri Deterding.  The funding was of a scale that led to Hitler paying homage to him as a great friend of the Germans. Sir Henri actively supported the rearmament of Nazi Germany. He was a generous friend that the Nazis tried to exploit even after his death.

Any major company in existence for over 100 years is bound to have some skeletons in the closet. In the case of Royal Dutch Shell, it arguably includes indirect responsibility for millions of deaths. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, and shellwikipedia.com, are owned by John Donovan. There is also a Wikipedia segment.

CHAPTER 14: Control of Royal Dutch Shell companies in Nazi-occupied Europe

The Nazis presented considerable challenges to Royal Dutch Shell over control of its subsidiaries in occupied countries. The above caricature (and seated Nazi officer in the photograph) is a former Shell director, Hauptmann Eckhardt von Klass. He was the Verwalter (administrator) appointed by the Nazis to “exercise supervision over Group companies in occupied Europe.” See pages 80 and 81 from RDSH V2.

Before, during, and after World War 2, Royal Dutch Shell was the owner of companies located in Germany and Nazi-occupied Europe, including Rhenania-Ossag. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, and shellwikipedia.com, are owned by John Donovan. There is also a Wikipedia segment.

CHAPTER 19: INDEX OF KEY DATES

Index of key dates:

Henri Deterding served as chairman of the combined Royal Dutch/Shell oil company between 1900 and 1936.

In or around 1931, Deterding bought a hunting estate in rural Mecklenburg, Germany. See page 477 RDSH V1.

The Reichstag fire, a pivotal event in the rise of Hitler, took place in January 1933.

On 30 January 1933 (page 465 RDSH V1) Hitler was appointed Reich Chancellor of Germany. 

Deterding welcomed Hitler’s appointment and by November 1933, Deterding said that he had met Hitler. See page 477 RDSH V1. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, and shellwikipedia.com, are owned by John Donovan. There is also a Wikipedia segment.

Selection of related webpage header images from our sister websites, also operated by John Donovan

Selection of related webpage header images from our sister websites, also operated by John Donovan

Header images on royaldutchshellgroup.com

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, and shellwikipedia.com, are owned by John Donovan. There is also a Wikipedia segment.

HISTORICAL OVERVIEW OF THE OGONI CRISIS BY AMNESTY INTERNATIONAL

On 10 November 1995, nine men from Ogoniland, a small area within Nigeria’s oil-producing Niger Delta region, were hanged by the military authorities, after a blatantly unfair trial. Their bodies were then dumped in unmarked graves. One of them was the outspoken and acclaimed writer Kenule (Ken) Saro-Wiwa… The other men executed that day were Dr Barinem Kiobel, a former government official, and seven members and supporters of MOSOP… 

Extracts from pages 17, 18 & 19 of an Amnesty International document headed: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

EXTRACT BEGINS

On 10 November 1995, nine men from Ogoniland, a small area within Nigeria’s oil-producing Niger Delta region, were hanged by the military authorities, after a blatantly unfair trial. Their bodies were then dumped in unmarked graves. One of them was the outspoken and acclaimed writer Kenule (Ken) Saro-Wiwa, who had gained worldwide recognition for his leadership of a campaigning organization, the Movement for the Survival of the Ogoni People (MOSOP). This had drawn attention to the ecological devastation caused by decades of oil production, and the lack of economic development, in Nigeria’s oil-producing areas. The other men executed that day were Dr Barinem Kiobel, a former government official, and seven members and supporters of MOSOP: Saturday Dobee, Paul Levula, Nordu Eawo, Felix Nuate, Daniel Gbokoo, John Kpuinen and Baribor Bera. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, and shellwikipedia.com, are owned by John Donovan. There is also a Wikipedia segment.

AMNESTY INTERNATIONAL ACCUSE SHELL OF COMPLICITY IN THE EXECUTION OF THE OGONI NINE

…at all times, Shell’s directors based in The Hague and London were fully aware of what was happening in Nigeria and what the staff of Shell Nigeria were up to. The evidence also makes clear that staff in London and The Hague were not passive recipients of this information. A clear directing role is evident.

Extract from page 12 of an Amnesty International document headed: “A CRIMINAL ENTERPRISE?SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

Under Executive Summary.

BEGINS

COMPLICITY IN THE MISCARRIAGE OF JUSTICE AND EXECUTION OF THE OGONI NINE

The culmination of the Nigerian military government’s campaign to crush the MOSOP protests was the execution of the Ogoni Nine on 10 November, 1995. Shell knowingly provided encouragement and motivation to the military authorities to stop the MOSOP protests, even after the authorities repeatedly committed human rights violations in Ogoniland and specifically targeted Ken Saro-Wiwa and MOSOP. By raising Ken Saro-Wiwa and MOSOP as a problem, Shell was reckless, and significantly exacerbated the risk to Saro-Wiwa and those linked to MOSOP. Shell knew full well that the government regularly violated the rights of those linked to MOSOP and had targeted Saro-Wiwa. Following the arrests and during the blatantly unfair trial, the nature of the danger was clear. However, even after the men were jailed, being subjected to torture or other ill-treated and facing the likelihood of execution, Shell continued to discuss ways to deal with the “Ogoni problem” with the government, and did not express any concern over the fate of the prisoners. Such conduct cannot be seen as other than endorsement and encouragement of the military government’s actions. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, and shellwikipedia.com, are owned by John Donovan. There is also a Wikipedia segment.

A BLUNT INSIDER JUDGEMENT OF ROYAL DUTCH SHELL

Extract from the ebook “John Donovan, Shell’s Nightmare” (now available on Amazon websites globally)

(BACKGROUND INFORMATION ABOUT SHELL’S EPIC 25 YEAR FEUD WITH JOHN DONOVAN – which puts the extracts below in overall context.)

Extract below from pages 55, 56, 57 & 58 consisting of an informed damning judgement (in June 2004) on Shell management by Dr. John Huong a Shell Production Geologist. He blew the whistle internally on the reserves fraud that resulted in the forced merger of Shell Transport and Trading and Royal Dutch Petroleum, into Royal Dutch Shell Plc in 2005. He was fired for being a person man of high integrity. Eight companies in the Shell group jointly sued him for defamation, but eventually, six years later, settled that action along with his claim against Shell for wrongful dismissal.

Extract Begins

CONTENT OF A LEAFLET PUBLISHED ON OUR WEBSITE AND CIRCULATED IN JUNE 2004 AT THE SHELL CENTRE, LONDON. ALL EXTRACTS FROM COMMENTS MADE BY DR. JOHN HUONG

“I will supply for publication further informed comment and revelations in the run up to Shell’s AGM on 28 June. It will include examples of the toxic combination of arrogance, greed, dishonesty, and blatant disregard for all ethical norms by Shell Management, that has culminated in the current shame heaped upon the once proud Shell name.” read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, and shellwikipedia.com, are owned by John Donovan. There is also a Wikipedia segment.

Earthquake Shaker: Groningen Gas Field is on the highest alert level, code red

Minister Eric Wiebes of Economic Affairs and Climate has arrived in the village of Zeerijp in Groningen, where an earthquake occurred on Monday.

On Thursday, the State Supervision of Mines (SSM) stated that Groningen is in the highest alert level, code red, and that therefore a ‘considerable production reduction’ is necessary.

Printed below is an English translation of an article published today by the Dutch equivalent of the Financial Times, Financieele Dagblad.

Accelerated reduction of Groningen gas production is expensive and time-consuming

Gert van der Have Louis Hoeks Economy & Politics

The politicians want to close the gas tap further, but that is not possible. ‘I’m going to do everything I can to reduce the costs’, Minister Eric Wiebes of Economic Affairs and Climate promised this week during his visit to the province of Groningen. He has to make that happen now.

According to the coalition agreement, Groningen gas production in 2021 must be reduced to 20.1 billion cubic meters. Wiebes wants to continue. The Dutch Petroleum Company (NAM) also indicated this week, without mentioning volumes, that the gas production will be substantially reduced again. On Thursday, the State Supervision of Mines (SSM) stated that Groningen is in the highest alert level, code red, and that therefore a ‘considerable production reduction’ is necessary. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, and shellwikipedia.com, are owned by John Donovan. There is also a Wikipedia segment.

Investigate Shell for complicity in murder, rape and torture says Amnesty International

Massive cache of internal documents and other evidence points to Shell’s complicity in horrific crimes committed by the Nigerian military in the 1990s

–      New Amnesty International report calls for a criminal investigation

Amnesty International is calling on Nigeria, the UK and the Netherlands to launch investigations into Anglo-Dutch oil giant Shell, over its role in a swathe of horrific crimes committed by the Nigerian military government in the oil-producing Ogoniland region in the 1990s.

The organization has released a ground-breaking review of thousands of pages of internal company documents and witness statements, as well as Amnesty International’s own archive from the period.

The Nigerian military’s campaign to silence the Ogoni people’s protests against Shell’s pollution led to widespread and serious human rights violations, many of which also amounted to criminal offences. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, and shellwikipedia.com, are owned by John Donovan. There is also a Wikipedia segment.

22nd Execution Anniversary Date of the Ogoni 9

The ‘Ogoni 9’ were executed on this day 22 years ago, all victims of a trumped-up case brought by the corrupt despotic Abacha Nigerian regime in collusion with its evil partner in crime, Royal Dutch Shell.

The widows of those murdered include Esther Kiobel who has been seeking justice ever since. Her husband, Dr. Barinem Nubari Kiobel was born in Kpor, Rivers State, Nigeria, on 23 September 1959. Between 1979 and 1992 he lived in the UK, where he obtained a doctorate at the University of Glasgow. In 1992 he returned to Nigeria, where he accepted a senior lecturer position at the University of Science and Technology in Port Harcourt.

Dr. Kiobel later became Honourable Commissioner of the Ministry of Trade, Industry and Tourism of Rivers State province. In this role he acted as a link between the government and the Ogoni. During his work as Commissioner, despite the potential danger of doing so, he publicly expressed criticism of the regime’s activities in Ogoniland. A fatal course of action.  read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, and shellwikipedia.com, are owned by John Donovan. There is also a Wikipedia segment.

Shell to close Rijswijk technology centre, move staff elsewhere

October 12, 2017

Shell is closing its global headquarters for technology and research in Rijswijk and moving some 2,000 workers to Shell operations in The Hague and Amsterdam, broadcaster NOS said on Thursday.

The company, which said earlier this year that hundreds of jobs will go in Rijswijk and Amsterdam, claimed the move will not cost any more jobs and is unconnected to those previously-announced, NOS said.

‘We have looked at our locations in the Randstad area and decided to reduce them from four to three,’ a spokesman told the broadcaster. ‘Our headquarters are being renovated and our location in Amsterdam expanded so we will have more room there. That will be more efficient.’ read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, and shellwikipedia.com, are owned by John Donovan. There is also a Wikipedia segment.

Kiobel’s fight for Shell discovery: Lawyer skirmishes on eve of U.S. Court of Appeals hearing

Esther Kiobel has been fighting for more than a decade to obtain justice for the murder of her husband Dr. Barinem Kiobel and crimes committed against her, for which she holds Shell responsible. Shell supported and financed the corrupt Abacha regime in Nigeria.

By John Donovan

Shell’s U.S. lawyers Cravath, Swaine & Moore, appealed against a decision by a U.S. federal judge that Cravath should hand over for use in Dutch litigation against Shell, more than 100,000 items of Shell internal discovery documents stored by Cravath in a secure warehouse located in the USA.

I have routinely published available appeal court documents that would otherwise be hidden behind a pay wall. The documents below were filed with the court in the days just before the appeal court hearing by various parties involved, including Washington DC lawyers Hogan Lovells representing Cravath, and EarthRights International acting for Esther Kiobel. read more

This website and sisters royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, and shellwikipedia.com, are owned by John Donovan. There is also a Wikipedia segment.